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T & S LEASING v. DISTRICT COURT, DENVER

No. 86SA236.

728 P.2d 729 (1986)

T & S LEASING, INC., d/b/a Aspen Care Center West; and Westminster Nursing Home, Inc., d/b/a Aspen Care Center East, Petitioners, v. DISTRICT COURT, CITY AND COUNTY OF DENVER, Colorado; and Honorable Alvin D. Lichtenstein, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

December 2, 1986.

Attorney(s) appearing for the Case

Sheila H. Meer, Nancy P. Tisdall, James R. Gilsdorf, Sheila H. Meer, P.C., Denver, for petitioners.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Wade Livingston, Asst. Atty. Gen., Denver, for respondents.

DUBOFSKY, Justice.

In this original proceeding, we issued a rule to show cause why a complaint filed in Denver district court by the Colorado Department of Social Services (department) requesting interlocutory review of a state hearing officer's order should not be dismissed for lack of subject matter jurisdiction. The respondent district court denied a motion to dismiss filed by the petitioners, two nursing homes, and retained jurisdiction under C.R.C.P. 106(a)(4...

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